Court of Appeals for the Second Circuit May 8, 1990, Nos. 1016, 1017, Dockets 89-6249, 89-6251 (C.H. Sanders Co. v. BHAP Housing Development Fund Co.)

TIMBERS, Circuit Judge:

The defendants in the district court in this action were Samuel R. Pierce, the Secretary of the United States Department of Housing and Urban Development (“the Secretary” or “HUD”) and BHAP Housing Development Fund Company, Inc. (“BHAP”), a non-profit corporation organized for the purpose of constructing a facility for the elderly in Brooklyn.